Judge: Salvatore Sirna, Case: 23PSCV02799, Date: 2024-02-14 Tentative Ruling

Case Number: 23PSCV02799    Hearing Date: February 14, 2024    Dept: G

Plaintiff FC Marketplace, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff FC Marketplace, LLC’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action arising from a loan agreement. In June 2022, Plaintiff FC Marketplace, LLC (FC Marketplace) entered into a written loan agreement with Defendant Glassman & Associates, Incorporated (Glassman & Associates) in which FC Marketplace extended credit to Glassman & Associates. In support of the agreement, Defendant Clifford Glassman executed a continuing guaranty. In February 2023, FC Marketplace alleges Glassman & Associates and Glassman (collectively, Glassman Defendants) defaulted on their payment obligations and owe an outstanding principal sum of $39,770.01.

On September 12, 2023, FC Marketplace filed a complaint against the Glassman Defendants and Does 1-100, alleging the following causes of action: (1) breach of written agreement, (2) breach of written guaranty, (3) foreclosure of commercial security agreement, (4) money lent, (5) account stated, and (6) indebtedness. On September 19, FC Marketplace’s process server served Glassman & Associates with substitute service in Glendora. On September 21, FC Marketplace’s process server personally served Glassman at the same address.

On November 13, 2023, default was entered against the Glassman Defendants. On November 29, FC Marketplace submitted the present application for default judgment.

A case management conference is set for February 14, 2024.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.)

ANALYSIS

FC Marketplace seeks default judgment against the Glassman Defendants in the total amount of $44,870.11, including $39,770.01 in damages, $2,931 in interest, $1,583.10 in attorney fees, and $586 in costs. Because the court finds FC Marketplace has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, FC Marketplace’s application for default judgment is GRANTED.